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The reform law in brief

Law no. 124/2007 established the Intelligence System for the Security of the Italian Republic and reformed the Italian intelligence community which had operated under Law no. 801/1977 for over 30 years.

The reform law introduced significant novelties. First of all, political responsibility is now solely vested in the  President of the Council of Ministers, thus it is no longer shared with the Ministers of Defence and the Interior as envisaged under Law no. 801/1977. The President of the Council of Ministers is responsible for the whole sector and may delegate all the powers which are not exclusively vested in himself to a Delegated Authority. The office of the Delegated authority may be held by an Undersecretary of State or a Minister without portfolio.

The President of the Council of Ministers and the Delegated Authority exercise their powers through the Dipartimento informazioni per la sicurezza (DIS) [Security Intelligence Department] and its Director General who refers directly to them. The DIS has specific and more incisive tasks compared to those assigned to the General Secretariat of the CESIS by Law no. 801/1977, especially in terms of coordinanting exchange of information, so that now the DIS plays a central role within the System.

In managing the intelligence sector, the President of the Council of Ministers avails himself of a collective body, the Comitato interministeriale per la sicurezza della Repubblica (CISR) [Interministerial Committee for the Security of the Republic], whose composition and duties only partially reflect those of the former CIIS. Now the Committee has decision-making powers as to the general lines and fundamental goals of security intelligence policy

As to the fields of action of the two intelligence agencies, the Agenzia informazioni e sicurezza esterna (AISE) [External Intelligence and Security Agency] and the Agenzia informazioni e sicurezza interna (AISI) [Internal Intelligence and Security Agency], their fields of action are now mainly based on territorial jurisdiction. Unlike Law no. 801/1977, their tasks were merely related to subject-matters.

Within the limits set by the law, the Agencies’ staff may now have recourse to functional guarantees to carry out operations for institutional purposes. A complex system of provisions was introduced exempting AISE and AISI agents from punishment for forms of conduct which may constitute a criminal offence.

Parliamentary oversight of the Security Intelligence System is entrusted to the Comitato parlamentare per la sicurezza della Repubblica (COPASIR) [Parliamentary Committee for the Security of the Republic], which is in charge of systematically and constantly verifying that the System’s activities occur in respect of the Constitution and the law, in the defence and exclusive interests of the Republic and its institutions. The law vested in the Committee incisive oversight powers and advisory functions, while imposing the obligation on the President of the Council of Ministers to communicate a number of specific occurences to the Committee.

 

Political responsibility

Before
(Law no. 801/1977 - repealed)
Now
(Law no. 124/2007)
President of the Council of Ministers:
  • oversight
  • overall political responsibility
  • coordination of intelligence and security policy
  • protection of State secrets
Minister of Defence:
  • responsible of the SISMI
    (in charge of the appointment of the Director, organization and activities, approval of accounts and confidential expenses)
Minister of the Interior:
  • responsible for the SISDE
    (in charge of the appointment of the Director, organization and activities, approval of accounts and confidential expenses)
 President of the Council of Ministers:
  • oversight
  • overall political responsibility
  • application, confirmation of the invocation of State-secret status, and protection of State secrets
  • appointment of the Director General and Deputy Directors General for the DIS, as well as the Directors and Deputy Directors of the AISE and the AISI
  • determination of financial resources
  • coordinatation of security intelligence policies

The AISE and the AISI keep the Ministers of Foreign Affairs, Interior and Defence promptly and constantly informed regarding the profiles of their respective competences.
 

Collective bodies

Before
(Law no. 801/1977 - repealed)
Now
(Law no. 124/2007)

Comitato interministeriale per le informazioni e la sicurezza (CIIS)
[Interministerial Committee for Intelligence and Security]

Chaired by the President of the Council of Ministers, it comprised the Ministers of:

  • Foreign Affairs
  • Interior
  • Justice
  • Defence
  • Economy and Finance
  • Economic Development

and the Undersecretary of State at the Presidency of the Council of Ministers

The Secretary General of the CESIS acted as the Committee's secretary.

Competence:

  • advice and proposal on guiding principles and general goals of intelligence and security
  • opinion on the appointment of directors and deputy directors of SISMI, SISDE and CESIS, and the regulations regarding their personnel
 Comitato interministeriale per la sicurezza della Repubblica (CISR)
[Interministerial Committee for the Security of the Republic]

Chaired by the President of the Council of Ministers, it comprises the Ministers of:

  • Foreign Affairs
  • Interior
  • Justice
  • Defence
  • Economy and Finace
  • Economic Development

and the Delegated Authority

The Director General of the DIS acts as the Committee's secretary.

 

Competence:

  • advice, proposal and deliberation on general lines and goals of security intelligence policy
  • definition of the general guidelines and goals to pursue
  • deliberation on the allocation of financial resources and accounts of the DIS, the AISE and the AISI
  • advice on the appointment of the Director General and the Deputy Directors General for the DIS, as well as the Directors and the Deputy Directors of the AISE and the AISI, and the regulations provided for by the law

Coordination

Before
(Law no. 801/1977 - repealed)		 Now
(Law no. 124/2007)

Segreteria generale del CESIS
[General Secretariat of the CESIS]

  • was under the authority of  the President of the Council of Ministers
  • supported the Comitato Esecutivo per i servizi di informazione e sicurezza (CESIS) [Executive Committee for information and security services]
  • was a body set up with a decree by the President of the Council of Ministers to assist the President in coordinating and giving a unified approach to the intelligence sector
  • dealt with the administrative protection of State secrets through the Ufficio centrale per la sicurezza (UCSi) [Central Security Office]

Dipartimento informazioni per la sicurezza (DIS)
[Security Intelligence Department]

  • answerable to the President of the Council of Ministers
  • coordinates the overall security intelligence activity and reviews the results of the activities carried out by the AISE and the AISI
  • is constantly kept informed about AISE and AISI operations and pass the analyses made by the Security Intelligence System on to the President of the Council of Ministers
  • gathers information, analyses and reports from the AISE and the AISI, from the armed forces and the police forces, from the State's administrative entities and from research organizations
  • draws up global analyses to submit to the CISR Interministerial Committee, strategic analyses, adhoc assessments, and intelligence projects
  • promotes and ensures the exchange of information between the intelligence agencies and the police forces
  • ensures - through the UCSe - Ufficio centrale per la segretezza [Central Secrecy Office] the correct application of the provisions issued by the President of the Council of Ministers governing the administrative protection of State secrets
  • issues the guidelines for the unified management of the personnel of the DIS, the AISE and the AISI, and draws up the plan for the acquisition of human, material and instrumental resources in agreement with the AISE and the AISI
  • sees to  the promotion and dissemination of the culture of security and institutional communication
  • oversees – through the Central Inspection Office - the AISE and the AISI, checking that their respective activities comply with the law and with regulations, as well as with the directives issued by the President of the Council of Ministers
  • implements – through the Central Archives Office – the provisions governing the operation of and access to the archives kept by the Security Intelligence System and oversees their security, upkeep and management
  • provides – through the Instruction School–  training basic and continuing instruction and refresher courses to staff working in the DIS, the AISE and the AISI

Operational agencies

Before
(Law no. 801/1977 - repealed)		 Now
(Law no. 124/2007)
Servizio per le informazioni e la sicurezza militare (SISMI)
[Military Intelligence and Security Service]
  • was under the authority of the Ministry of Defence
  • carried out intelligence and security tasks for the military defence of the independence and of the integrity of the State from any danger, threat or aggression, and performed counterespionage tasks
 Agenzia informazioni e sicurezza esterna (AISE)
[External Intelligence and Security Agency]

answerable to the President of the Council of Ministers

  • search for and develop intelligence for the defence of the independence, integrity and security of the Italian Republic against threats from abroad
  • counter-proliferation activities related to strategic materials and security intelligence activities outside Italy to protect Italian political, military, economic, scientific and industrial interests
  • detection and countering of espionage activities abroad against Italy and national interests

The AISE is allowed to carry out operations on Italian soil only in collaboration with the AISI and only if necessary to AISE activities abroad
Before
(Law no. 801/1977 - repealed)		 Now
(Law no. 124/2007)
Servizio per le informazioni e la sicurezza democratica (SISDE)
[Intelligence and Democratic Security Service]
  • was under the authority of the Ministry of the Interior
  • carried out intelligence and security tasks to defend democracy and its democratic institutions against those who intended to attack it and from all forms of subversion

Agenzia informazioni e sicurezza interna (AISI)
[Internal Intelligence and Security Agency]

  • answerable to the President of the Council of Ministers
  • search for and develop all intelligence for the defence of the internal security of the Italian Republic and its democratic institutions against any threats, subversive activities, criminal or terrorist attacks
  • intelligence activities within Italian boundaries to protect Italy’s political, military, economic, scientific and industrial interests
  • detecting and countering espionage activities, within Italian boundaries, against Italy and Italian interests
The AISI is allowed to carry out operations abroad only in collaboration with the AISE and only if necessary to AISI activities within Italian boundaries

  State-secret status

Before
(Law no. 801/1977 - repealed)		 Now
(Law no. 124/2007)

State-secret status covered all documents, records, information, activities and any other thing whose disclosure might cause damage to the integrity of the democratic State, in connection also with international treaties, as well as to the defence of institutions, the free exercise of the functions of Constitutional bodies, the independence of the State against other States and the relations with them, and the preparation and military defence of the State.

State-secret status did not cover:

  • subversive acts against the Constitutional order

The State-secret status covers documents, records, information, activities and any other thing whose disclosure may cause damage to the integrity of the democratic State, in connection also with international treaties, as well as to the defence of institutions, the independence of the State against other States and its relations with them, the preparation and military defence of the State.

State-secret status does not cover:

  • subversive actions against the Constitutional order
  • terrorist acts
  • actions constituting the crimes of massacre and massacre aimed at attacking the State’s security
  • mafia-type association
  • buying of votes involving the mafia

 

Time limits
A 15-year time limit was introduced, extendable to an additional 15 year-period.
After 15 years from the application or confirmation of the invocation of State-secret status, any person having an interest may submit a request to the President of the Council of Ministers and apply for access to information, documents, records, activities, things and places having State-secret status.

Within 30 days from application, the President of the Council of Ministers allows the access or orders one or more extensions with an adhoc measure stating the reasons for such decision (maximum overall duration of 30 years).

When, based on international treaties, the existence of State-secret status affects also the interests of foreign countries or international organizations, the measure providing for the restriction to be lifted is adopted after prior agreement with the competent foreign or international authorities, except in the cases where there exist exceptionally serious reasons to the contrary and subject to reciprocity.

  Functional guarantees

Before
(Law no. 801/1977 - repealed)		 Now
(Law no. 124/2007)
No provision contemplated "functional guarantee". The personnel of the AISE and the AISI who adopt forms of conduct deemed by the law to constitute a criminal offence, but that have been legitimately authorized by the President of the Council of Ministers or the Delegated Authority, are not liable to punishment, provided that given requirements are met and specific procedures are observed, as a guaranty for citizens’ rights.

  Organo di controllo parlamentare

Before
(Law no. 801/1977 - repealed)		 Now
(Law no. 124/2007)

Comitato parlamentare di controllo (COPACO)
[Parliamentary Oversight Committee]

  • composed of 4 Deputies and 4 Senators, bound to secrecy with regard to the information acquired
  • oversight of the application of principles established by Law no. 801/1977
  • was allowed to ask the President of the Council of Ministers and the CESIS only for information about the broad outline of the structures and activities of the SISMI and the SISDE
  • had the power to make proposals and remarks
  • was informed about any confirmation of the invocation of State-secret status made by the President of the Council of Ministers
  • the usual practice made it possible to hear the Directors and their closest aids, as well as personnel of the General Secretariat of the CESIS, the SISMI and the SISDE, after prior authorization by the President of the Council of Ministers or the Undersecretary of State delegated to intelligence services

Comitato parlamentare per la sicurezza della Repubblica (COPASIR)
[Parliamentary Committee for the Security of the Republic]

  • composed of 5 Deputies and 5 Senators, bound to secrecy, also after leaving office, with regard to all information acquired
  • the chairman is selected among the members of the Opposition
  • greater oversight powers involving requirements for the Government to communicate information as well as for Judicial authorities to produce documents and records related to ongoing proceedings and investigations
  • power to periodically hear the President of the Council of Ministers, the Delegated Authority, the General Director of the DIS, the Directors of the AISE and the AISI, the ministers forming the CISR Interministerial Committee, and, in exceptional cases, personnel of the Security Intelligence System. In such cases, the President of the Council of Ministers has the power to oppose the request stating the reasons for such decision. The Committee may also hear any person not belonging to the Security Intelligence System who can provide information useful for Parliamentary oversight
  • gives a mandatory, not binding opinion on the regulation drafts envisaged in Law no. 124/2007, the related measures integrating or amending them, and on draft decrees regarding the organization and status for the personnel of the DIS, the AISE and the AISI
  • every 6 months, the President of the Council of Ministers sends to the Committee a report on the activities of the AISE and the AISI, containing also a situation assessment and an analysis of the dangers to security

 

 

Reference

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